Interim Costs – where you win some and lose some

It has become clear in recent years that orders for interim costs are vital in long running and high costs cases. Effective cash flow management has become even more important during the current coronavirus outbreak which have placed an additional strain on the income of solicitors. The entitlement to interim costs has been the subject…

Cash Flow in an age of lockdown

Hands up if you are already fed up with talk of the dreaded coronavirus. It almost makes you nostalgic for Brexit – well maybe not! But joking apart, this is a time when many solicitors firms are rightly concerned about the next few months. How will they cope with sickness, self-isolation, sending staff home to…

In Other News

In a case reported in Litigation Futures, a medical expert has been ordered to pay costs of £89,000. Remarkably the expert, Mr Jamil was “wholly unable to articulate the test to be applied in determining breach of duty in a clinical negligence case” Unfit expert hit with £89k third-party costs order In another case there…

What happens when a client rejects advice to make an offer

A recent case in the Court of Appeal has clarified part of the Law Society’s Model Conditional Fee Agreement. This is the section that deals with a client’s failure to accept advice from the solicitor in relation to settlement. Paragraph 7 (iii) (b) of the agreement includes the following – (iii) We can end this…

QOCS and set off

Qualified One Way Costs Shifting, known to its friends as QOCS, was introduced in 2013. The idea was to secure access to justice by limiting the circumstances in which a losing claimant could be required to pay the costs of the other side. In fact, there have been numerous problems with the scheme which has…